Introduced by Representatives Heath of Westford and
Lippert of Hinesburg

Referred to Committee on

Date:

Subject: Crimes; sexual assault; sexual exploitation of
an inmate

Statement of purpose: This bill proposes to prohibit sexual
acts between (1) an inmate and an employee of the department of corrections, and
(2) a person in the community who is under the supervision of the department
and any departmental employee who is in a direct supervisory relationship with
that person. A person is considered to have a “direct supervisory relationship”
with the supervisee if he or she has the authority to affect the supervisee’s status.

AN ACT RELATING TO SEXUAL EXPLOITATION OF AN INMATE

It is hereby enacted by the General Assembly of the State of
Vermont:

Sec. 1. 13 V.S.A. § 3257 is added to read:

§ 3257. SEXUAL EXPLOITATION OF AN INMATE

(a) No correctional employee,
contractor, or other person providing services to offenders on behalf of the
department of corrections or pursuant to a court order or in accordance with a
condition of parole, probation, supervised community sentence, or furlough
shall knowingly engage in a sexual act with a person:

(1) who is confined to a
correctional facility; or

(2) who is being supervised by
the department of corrections while on parole, probation, supervised community
sentence, or furlough, where the employee, contractor, or other service
provider is currently engaged in a direct supervisory relationship with the
person being supervised. For purposes of this subdivision, a person is engaged
in a direct supervisory relationship if he or she has the authority to:

(A) revoke or recommend
revocation of the supervisee’s parole, probation, supervised community
sentence, or furlough status; or

(B) change or recommend changes
to the conditions under which the supervisee has been placed in or released
into the community.

(b) A person who violates
subsection (a) of this section shall be imprisoned for not more than five years
or fined not more than $10,000.00, or both.